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2017 Supreme(Mad) 1683

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.M. SUNDRESH, J.
The Bombay Burmah Trading Corporation Ltd. - Petitioner
Vs.
The State of Tamil Nadu - Respondent
C.R.P. (MD) No.2745 of 2015, W.Ps.No.41358 to 41360 of 2005, M.P. (MD) No.1 of 2015, C.M.P. (MD) Nos.2289 3501of 2016 in C.R.P. (MD) No. 2745 of 2015, W.P.M.Ps.44402 and 44403 of 2005 in W.P.No.41358 of 2005, W.P.M.Ps.No.44404 and 44405 of 2005 in W.P.No.41359 of 2005, W.P.M.P.No.44406 of 2005 in W.P.No.41360 of 2005
Decided On : 01-09-2017

Advocates Appeared:
For the Petitioner: Mr. Gopal Subramanian, Mr. S. Parthasarathy and Mr. Vijayanarayan, Senior Counsels for Mr. Srinath Sridevan, Mr. T.V. Ramanujam, Senior Counsel for Mr. UM. Ravichandran.
For the Respondents: Mr. B. Kumar, Mr. Santhanaraman.

Headnote:

Survey and Boundaries Act - Tamil Nadu Forest Act, 1882 - Section 26 r/w 32 - Madras Act, 1948 - Section 19-A - Notification by Government - Natural resource - Terrestrial or coastal/ marine ecosystem - Biodiversity - Possession of non-ryoti land how dealt with - Non-ryot lands such as forest lands - Whether petitioner is a Ryot or not, in considered opinion of Court is not required to be taken note of in this proceeding especially in view of scope of revision and order passed under Section 19-A of Act, 1948 - One of determinative factor to assess wealth of a country is its natural resource - Man is most destructive specie of earth - Through his constant flirtation, he ends up destroying nature - Ironically it gives opposite and contrary result though may not be intended - Continued destruction of forests and rivers would bring doom day nearer, a mockery and folly - Kalakad Mundanthurai Tiger Reserve (KMTR) is a global hotspot of Biodiversity, declared as Tiger Reserve during 1988 - Mundanthurai Tiger Sanctuary was declared in 1962, as against Kalakad Wildlife Sanctuary in 1976 - It was a huge forest cover with a perennial river to knowledge of man kind and continues to be so after a steady supply of battering at its hands - Held, There is no denial to the claim made - It has been made correctly as any failure would lead to waiver of a right under Section 17 of Act, 1882 - Hence, claim of the petitioner based on Section 19-A of Act, 1948 is admitted subject to rider discussed above - Court feels that interest of respondents is also sufficiently safe-guarded through the liberty given - Challenge is to a communication by which Deputy Director, Project Tiger, has asked petitioner to come prepared and sign draft supplemental agreement, which deals with revised lease rent, pursuant to earlier communication sent by Secretary to Government, Environment & Forests Department to Principal Chief Conservator of Forest - Court view that said communication is not a final adjudication/determination - Merely asked petitioner to agree for a draft supplemental agreement - Therefore, when there is a draft supplemental agreement there cannot be any enhancement - For aforesaid purpose, petitioner will have to be given a notice before determining lease amount - Therefore, there is no need to challenge order which is only a communication in pursuant to letter of Government - Law and Equity may run on same channel but their water do not mix always - Said principle though settled, is dealt with by Apex Court in T. Ravi v. B. Chinna Narasimha [(2017) 7 SCC 342] - Petitioner is further directed not to extend area of cultivation or to clear forest in any manner as submitted by learned Senior Counsel appearing for petitioner and in tune with terms and conditions agreed upon inter – W.P.No.41358 of 2005 stands disposed of – Remaining Writ petitions dismissed and Connected Miscellaneous Petitions dismissed.

ORDER :

M.M. SUNDRESH, J.

1. Nature is the life line of the Mother Universe. Forests and Rivers, inseparable twins complimenting each other, an integral part of nature. They are the heart and soul of the universe. One of the determinative factor to assess the wealth of a country is its natural resource.

2. Man is the most destructive specie of the earth. Through his constant flirtation, he ends up destroying the nature. Ironically it gives the opposite and contrary result though may not be intended. Continued destruction of forests and rivers would bring the doom day nearer, a mockery and folly.

Importance:

3. Kalakad Mundanthurai Tiger Reserve (KMTR) is a global hotspot of Biodiversity, declared as Tiger Reserve during 1988. Mundanthurai Tiger Sanctuary was declared in 1962, as against Kalakad Wildlife Sanctuary in 1976. It was a huge forest cover with a perennial river to the knowledge of the man kind and continues to be so after a steady supply of battering at its hands.

4. Biosphere Reserve (BR) is a representative part of natural and cultural landscapes extending over large area of terrestrial or coastal/ marine ecosystem or a combination thereof. Kalakad Mundanthurai Tiger Reserve forms the core zone of Agasthiyarmalai Biosphere Reserve. In the 4th World Congress of Biosphere Reserves, Agasthyamala Biosphere Reserve has been declared as World Biosphere Reserve taking note of its cultural and ecological diversity. Agasthyamala Biosphere Reserve is included in the World Network of Biosphere Reserve under the Man and Biosphere (MAB) Program of UNESCO in the 28th Session of International Coordinating Council held in Lima, Peru from 18th to 19th March, 2016.

5. Agasthyamala Biosphere Reserve houses 14 rivers, which ultimately converse into river Tamirabarani and thus catering to the needs of 4 Districts of Tamil Nadu both for drinking and irrigation purposes. This water resource contains rich fish assemblage inclusive of endemic and other species.

6. Steven Green came here with his research assistant Karen Minkowski to study the behaviour of the endangered lion-tailed macaque. His noted observation is as follows:

"Bang in the heart of what is now a Tiger reserve is an important, even indelible part of this landscape - the estate of the Bombay Burmah Trading Corporation (BBTC), a smaller mosaic of tea, coffee and cardamom plantations, human settlements, and natural forests."

Based upon his report and study, Kalakad Wild Life Sanctuary was sanctioned.

7. It is declared as a Critical Tiger Habitat under Section 38(V) of the Wildlife Protection Act, 1972 through Government Order in G.O.Ms.No.145 dated 28.12.2007. Tiger is otherwise called "umbrella of species". Tiger protection would mean protection of Forest along with flora and fauna and the rivers flowing through it.

8. Being a Biodiversity Hotspot, Kalakad Mundanthurai Tiger Reserve harbours around 448 endemic flora apart from mega fauna like Gaur, elephant, tiger, leopard, sambar deer, which do not know the artificial barriers created between forest and estate and thus paving the way for man-animal conflicts.

9. Taking note of the utmost importance to protect the aforesaid area, way back in the year 1857, an English gentle man by name Puckle expressed his anxiety and concern. The following paragraphs would be apposite:

"The prosperity of the river-irrigated section of Tirunelveli extending through five taluks, form the Western Ghats to the sea, is dependent on a continuous flow of water in the rivers that rise on the Western Ghats. Now this continuous flow has notably decreased of late years, and the decrease commenced with the destruction of much of the forest that formerly clothed the ghats and protected the heads of the streams; the rich shola land in the ravines down which the streams descend, attracted coffee planters, who destroyed the magnificent timber and thus let in the wi







































































































































































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